This engaging book examines the origins and first effects of the concept ‘legal semiotics’, focusing on the inventor of the term, Roberta Kevelson. It highlights the importance of her ideas and works which have contributed to legal theory, legal interpretation and philosophy of language. Kevelson’s work is particularly relevant today, in our world of global electronic communication networks which rely so much on language, signs, signals and shortcuts. Kevelson could not have foreseen the 21st century, yet the story of her (...) work and influence deserves more attention as it is key to our understanding of modern legal discourse and why law fascinates and is accepted in modern society. The authors draw on Kevelson’s hitherto unknown Office Papers and Notes, and a biographical examination points to key influences in her work such as the early feminist movements of the US East Coast, the philosophy of Charles Sanders Peirce and the semiotics of Thomas Sebeok. This forms the basis for a more encompassing research of Kevelson’s position, work and philosophical background, which the authors call for. A quick and enlightening read, this book interests a wide range of readers with an interest in legal history and the fields which Kevelson both drew on and influenced, including lawyers, students and scholars. (shrink)

Lawyers write, blog and are otherwise producers of words; they structure public life through legal discourse and integrate all issues that reinforce legal reasoning. Even if one is inclined not to justify the power of their words in the context of a democratic theory, one is hardly able to challenge its public acceptance. But semiotic analyses harden the question whether these emperors wear nothing but robes. That attitude intensifies where medicine becomes increasingly relevant for legal discourse, as becomes clear where (...) for instance US political viewpoints bring bioethical issues to the Courts. One major theme in today’s medicine pertains to identity in its psychological, philosophical and social dimensions. Identity thus becomes a groundbreaking semiotic issue in law and medicine; both discourses are particular important to the otherness of the other. A US criminal law case interests here (Harrington v. State of Iowa, 2003; cited as: 659N.W.2d 509). The case is decided with “information about what the person has stored in his brain”. A chain of signs is involved: from “brain-function” to “brain-storage” via “brain-scan” to “brain-fingerprint”, for which the case became famous. A long series of signs and meanings belong here to intertwined discourses. Central is a particular sign in each discourse: “brain” means brain scan, and “fingerprint” means law! The two display trading mechanisms, which determine the otherness of the other and the self! The chain of signs in the Harrington case shows inter-disciplinarity in law and inter-discursivity among law and medicine. The trading itself underlines the semiotic dimensions in cyberspace, in particular the semiotics of the virtual (Hayles, Kurzweil) and their effects on legal discourse. (shrink)

Taking the letter of the law literally would equal the death of our hopeand expectation that law and its practices of justice will createimproved social realities. This insight is, however, seldom formulatedin legal discourse. A more profound analysis shows how ``the literal'',taken as a legal expression, covers the management of law's semanticsrather than delivering the precise description of a state of affairs inlaw. This pertains in particular to the ``well informed citizen'' (A.Schutz). Can legal meanings that should enter and perhaps (...) change thecitizen's life sphere for the better, transcend the boundaries of legaldiscourse by means of appealing to a literal meaning? (shrink)

Is the European Union a new Walden? Although a contrast in form and format, the Union is surprisingly close to the latter's underlying philosophy. One can read this proximity in the Treaties or the many facets of the European idea which mirrors in the Union's emerging legal system. Today there is no longer a Union of a limited number of Nation States desiring to end divisions among themselves, to acquire mutual respect and prosperity or a higher standard of living and (...) working conditions for its members. European citizenship shows a global orientation and is in continuous competition with the discourse of a globalizing economy and its Internet democracy. Analyses of concepts such as political geography, global, (supra)national and regional citizenship, democracy, learning society, native tongue and market lead to the insight that the Union's legal system wishes to ensure its citizens a legally engendered, formatted and protected global position for action. Walden's philosophy has a new face. (shrink)

Originally published in English in 1984, this collection of essays documents a dialogue between phenomenology and Marxism, with the contributors representing a cross-section from the two traditions. The theoretical and historical presuppositions of the phenomenology inaugurated by Husserl are very different from those of the much older Marxist tradition, yet, as these essays show, there are definite points of contact, communication and exchange between the two traditions.

Phenomenology and Marxism in historical perspective Fred Dallmayr (Notre Dame, Indiana) The topic of phenomenology and Marxism immediately confronts us with ...

die Behandlungsweise kann jedoch sehr verschieden sein. Diese letztere charakterisiert nicht nur eine bestimmte Auffassung von Philosophie, sondern ebenso den Philosophen, der sie anwendet. In dem Sinne ist jede Erörterung eines philosophischen Gedankens zugleich eine bio graphische Notiz. Der erfahrungswissenschaftliche Charakter der in diesem Band ge sammelten philosophische Gedankengänge entstammt zu einem er heblichen Teil der Kenntnisnahme der Kulturanthropologie. Ihr Schöpfen aus den Initiativen der alther kömmlichen Ethnologie wie auch aus der vergleichenden Völkerkunde hat, zusammen mit dem fruchtbaren «:field-work», auf (...) einer anthropo logischen Basis neue und neuartige Erfahrungen über den Menschen hervorgehoben. Dadurch ist mehr als ein bloßes Kooperieren von Philosophie und Wissenschaft gewachsen: hier hat sich der Charakter des Philosophischen selbst gewandelt. Diese Kooperation, ja vielmehr tiefgreifende Verschränkung ist ein Merkmal moderner Philosophie. Besonders im Denken von Hermann Wein ist dieses Charakteristikum zu einem fruchtbaren philosophischen Ausgangspunkt geworden. Das wäre sowohl für seine philosophisch-anthropologischen wie auch für seine sprachphilosophischen Erörterungen nachzuweisen. Eben in der Abschätzung und Durchdenkung jener Bereiche bekommt die Idee der Erfahrung ihre Gestaltungskraft. Als Grundmotiv wäre diese Idee zu betrachten - nicht als ein regelmässig wiederkehrender Hinweis oder die Formulierung irgendeiner Wünschbarkeit in philosophicis. Betrachtet man unsere Philosophie der Gegenwart, so ergibt sich, dass ein solcher Ausgangspunkt außer in anthropologischen und be stimmten sprachphilosophischen Erwägungen auch in ethischen Frage stellungen fruchtbar geworden ist - wir weisen auf die amerikanischen und anderen. (shrink)

The question of the philosophical basis of medical science and medical practice is considered under three closely related themes: (i) the doctor-patient relationship, (ii) the structure of the medical-ethical discourse, and (iii) the problem of philosophical founding in relation to medical conduct. The doctor-patient relationship is regarded as a transformational relation. Acceptance of the illness of the patient, the construction of a complaint as a necessary condition — and not a description of an existing reality — as well as the (...) establishment of a common interest are determinants of that relation. They are related to the dominant form of science and thought in medicine, namely application. This is typical for the Standard Medical-Ethical Discussion (SMED), its scope and its rationality. The third issue leads to the thesis that this particular rationality is not a sufficient ground for considering the medical discourse to be founded in philosophy. (shrink)

The Roberta Kevelson Seminar on Law and Semiotics is integrated in the regular program of a US Law School and student enrollment is honored with credit points. Hitherto, the study of Legal Semiotics has mainly been located outside the Law Schools in the US and the Faculties of Law in the EU. Two important questions within the more general theme of Legal Semiotics and Legal Education arose: (1) the program requirements in an education context, and (2) the attention and interests (...) of the students. This IJSL issue offers essays presented during the Round Table which closed the Seminar, provides some experience-based suggestions for a Seminar program and discusses how to deal with the pragmatic attitude of law students. It interests how those topics relate to legal and semiotic literature and how they focus globally important viewpoints, as can be concluded in the example of the legal semiotics of family structures. (shrink)

Peirce shows how he presupposes that a ‘most general science of semeiotic’ is entirely a matter of culture. Semiotics unfolds even beyond the debate on specific differences between nature and culture. The expression ‘semiotics of culture’ entails all components of a true pleonasm. Pierce finds his parallel in the philosophy of Hegel and both philosophers consider the close ties between expressiveness and consciousness as a specifically human, cultural and spiritual activity. That viewpoint leads not only to linguistic but also to (...) other expressive phenomena, among which the body. Faces are perhaps the most outstanding bodily carriers of expression, so that Peirce’s analyses of Thirdness relate to the human face, not as a natural but as a cultural datum, in particular an artifice. A face-to-face relationship is embedded in a regulative discourse rather than an ethical appeal or other metaphysical dimensions. Three cases show various degrees of artificiality with different semiotic implications: Tilda Swinton’s appearance at the recent 2008 Oscar ceremony, the body art of Orlan and the first 2005 facial transplant of Isabelle Dinoire. The three do not only show how the human face is an artifice, but also how realities can appear to be fictitious within patterns of semiotic nature. Any sign can be a correlative to a fictitious world! (shrink)

Faces challenge the sender-receiver model as the major scheme of thought for appropriately understanding interaction between human individuals. The openness and indeterminacy of faces lead to establish a semiotically relevant distinction between interaction and interactivity. The latter is our proposed articulation of the dynamic energy that thrives through the existence of signs and the uses of a semiotics. Facial expressions sustain and express the vital dynamism of making meaning in life. This often occurs at a bewildering distance to legal life (...) and discourses established by legal terminologies. (shrink)

The close ties between law and psychiatric illness challenge our effort to understand the complex semantics of Western culture and the foundations of law in the heart of that culture. It is, however, difficult to be immediately confronted with the limitations of these semantics. Can one ever achieve a refined precision of psychiatric issues? Lawyers and psychiatrists tend to disregard the fact that people live within different realms of expressiveness, even where the same phenomena seem apparent. They neutralize all relativity (...) and design a quasi-universal body of legal doctrines or construct an all-embracing medical nosology. The question remains what practices of judgment are justifiable when the history books demonstrate the ever-changing character of the idea of a common good and a well-ordered life. Notions of relativity accompany decisions to punish or to cure, to exclude or to include, to disregard or to consider. In these decisions, there are never supracultural notions at hand and only rarely ideas that reach beyond the boundaries of either profession's own discourse. (shrink)

A cluster of issues in the context of legaleducation shows the importance of legalsemiotics: new forms of citizenship, new ideas on e-education, the recent design ofe-educational programs that focus the featuresof institutional life, the concept of a`learning society' are this cluster's elements.Opinions of European Union Institutions stimulate to conceive modern society in thelight of these issues. It leads to theformulation of a fifth freedom in the Union,(after freedom of persons and goods, servicesand capital) which is the freedom toparticipate in a (...) ``learning society''. Thepractice of that freedom leads to developinge-educational programs for institutionalskills. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 19-40.

PREFACE Ubi bene, ibi patria. The proverb expresses an important feature of this book. 'Being somewhere' necessarily implies an orientation towards ...

THE STRUCTURALISTIC ENDEAVOUR. THE WORLD AS MUSICAL SCORE The recent decades of this century have witnessed unusually rapid and far- reaching changes in the ...

High alert exists when the semiotic components of electronic communication are challenged to induce responsive citizenship. Evaluations of the uses of existing government websites are particularly important in that regard. They form a high tech network of data and communication efforts but do not contribute to the education of citizens. Do we dislike education when carried out by government? Governments seldom focus education as a force to change attitude and mentality of the citizenry. To educate means to create a difference (...) through an educated appreciation of others – a necessary condition for life in institutions, supported by citizens who themselves grew up in the Western hemisphere with its overemphasis on ego-directed national goals, values and interests. One observes how materials for an electronically enhanced education program, made available in government web sites, remain out of use. An education deficit must be mentioned, which in its turn underestimates the contribution to semiotics in law and politics, in particular where theoretical foundations of the virtual are at stake. (shrink)